HomeMy WebLinkAboutContract 1487-2 ORIGINAL c - iqui -a,
AMENDMENT NO. 1
to the
INTERGOVERNMENTAL
MEMORANDUM OF UNDERSTANDING
By and Between
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
and
THE CITY OF CATHEDRAL CITY
Regarding
PROJECT CONTRIBUTIONS FOR THE
RAMON ROAD WEST IMPROVEMENTS PROJECT
WHEREAS, the Agua Caliente Band of Cahuilla Indians (the "Tribe") is a
Federally-recognized Indian Tribe governing itself according to a Constitution and By-
Laws and exercising sovereign authority over the lands of the Agua Caliente Indian
Reservation, acting through its duly elected Tribal Council, subject to Federal law; and
WHEREAS, the City of Cathedral City (the "City), acting through its City Council,
is a political subdivision of the State of California, established pursuant to the
Constitution of the State of California; and
WHEREAS, on December 8, 2010, the Tribe and the City entered into a
Memorandum of Understanding (MOU) regarding project contributions and the
responsibilities of both parties to complete the construction of the Ramon Road West
Improvements Project (the "Project"), a Capital Improvement Project for the City; and
WHEREAS, one of the Tribe's responsibilities was to contribute up to $2,300,000
in Indian Reservation Roads (IRR) Program funding toward the design and construction
of the Project, based on work performed and progress estimates submitted by the City
to the Tribe, and
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WHEREAS, the Federal Highway Bill known as Moving Ahead for Progress in
the 21st Century Act (MAP-21, Public Law 112-141) enacted on July 6, 2012, renamed
the IRR Program the Tribal Transportation Program, and
WHEREAS, the City has requested additional funding from the Tribe to design
and construct median landscape improvements to the Project; and
WHEREAS, the MOU provides that it may only be amended in writing, signed
and duly approved by both the Tribal Council and the City Council, and
WHEREAS, in accordance with such requirements, the Tribal and City Councils
have executed and delivered this Amendment No.1 to the MOU.
NOW THEREFORE, the Tribe and the City express their mutual understanding
and responsibilities as follows:
1. The Tribe will make payments to the City, as necessary and subject to the
availability of funds from its annual TTP funding allocations, up to $2,550,000, for use
toward the design and construction of the Project, based on work performed and
progress estimates submitted by the City to the Tribe.
2. Except as modified by this Amendment No. 1 to the MOU, the project
contributions and responsibilities contained in the MOU remain as stated in the MOU.
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IN WITNESS WHEREOF, the Tribe and the City have executed this Amendment No. 1
to the MOU as of the {I day of NevemtseT 2013.
Approved s to Form
/ falfj ki4A4- -----
Tribal Attorney
Approved as to Form
/ /
City Attorney
"TRIBE"d Agua Ca '=ate'.hui . ndians
A Fe• - - -Re •% ized ribe
Jeff 7 •• -, airman
"CITY"
City of Cathedral City, California
A Muni•+'pal Corporation ATTEST ,,
tr rib.. „._ _`
.t leen DeRosa, Mayor City Cler
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